Bombay HC Upholds Rs 3 Cr Compensation in Domestic Violence Case Over ‘Second-hand’ Remark

Landmark Decision Highlights Importance of Protecting Victims’ Dignity and Rights

Mumbai : In a landmark ruling, the Bombay High Court affirmed a significant decision by a trial court, ordering a man to pay a compensation of ₹3 crore and monthly maintenance of ₹1.5 lakh to his wife under the Protection of Women from Domestic Violence Act, 2005.

The ruling stemmed from a revision application filed by the husband against the sessions court’s order, which upheld the trial court’s decision, dismissing his appeal.

The couple, married in Mumbai in January 1994 and later in the USA, faced marital discord leading to the wife’s relocation to her mother’s house in 2008, while the husband moved to the USA in 2014. The husband initiated divorce proceedings in the USA in 2017, prompting the wife to file a complaint against him under the Domestic Violence Act in Mumbai.

The wife recounted distressing incidents during their marriage, including verbal abuse and physical violence. Particularly egregious was an incident during their honeymoon in Nepal, where the husband cruelly labeled her as ‘second-hand’ due to a previous broken engagement. The abuse persisted, with the wife enduring relentless accusations of infidelity and threats of violence.

The trial court found the husband guilty of domestic violence, ordering him to provide alternative accommodation, monthly maintenance, and compensation. Despite the husband’s claims of retaliation, the court upheld the decision, emphasizing the significant impact of domestic violence on victims’ self-worth.

The high court’s decision underscores the imperative of recognizing the cumulative effects of domestic violence on victims and upholding their rights to safety and dignity, irrespective of their social status.

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